Legal Definitions - preliminary proof

Preliminary proof refers to evidence or information presented at an early stage of a legal proceeding or process. Its purpose is typically to establish a sufficient basis for a claim, an accusation, or a request for further action, without necessarily being the complete or conclusive evidence required for a final decision.

Here are some examples illustrating preliminary proof:

• Example 1: Seeking a Temporary Restraining Order

  Imagine a software company discovers that a former employee has stolen proprietary code and is about to launch a competing product using that code. To prevent immediate harm, the company might rush to court to seek a temporary restraining order (TRO). In this initial hearing, the company would present preliminary proof, such as affidavits from current employees, screenshots of the stolen code on the former employee's new platform, or emails indicating the theft. This evidence isn't the full, exhaustive case they would present at a trial for permanent damages, but it's enough to convince a judge that there's a strong likelihood of wrongdoing and immediate, irreparable harm, justifying the temporary order.

  This illustrates preliminary proof because the company is providing just enough evidence at an early stage to secure an immediate, temporary legal remedy, rather than waiting to present their entire case at a later, full trial.

• Example 2: Grand JuryIndictment

  In a criminal case, before a person can be formally charged with a felony and proceed to trial, a prosecutor often presents evidence to a grand jury. For instance, if a prosecutor believes a suspect committed bank fraud, they might present preliminary proof to the grand jury, such as a few key bank statements, testimony from an initial witness, or a police report summarizing the investigation. The grand jury doesn't need to be convinced beyond a reasonable doubt; they only need to determine if there is probable cause—a reasonable belief that a crime has been committed and that the suspect committed it—to issue an indictment. The full, detailed evidence will be presented at the actual trial.

  This demonstrates preliminary proof because the evidence presented to the grand jury is sufficient to establish probable cause for an indictment, allowing the case to move forward, but it is not the complete body of evidence required for a conviction at trial.

• Example 3: Initial Insurance Claim Submission

  After a car accident, an individual files a claim with their insurance company. As part of the initial submission, they might provide preliminary proof such as a copy of the police report, photos of the damaged vehicles, and a brief statement describing the incident. This initial information serves as preliminary proof that an accident occurred and that a claim is being made. It allows the insurance company to open a file and begin its investigation, which will later require more detailed proof of damages, medical bills, and repair estimates to finalize the claim.

  This is an example of preliminary proof because the initial documents establish the basic facts of the incident and the existence of a claim, enabling the process to start, before more comprehensive evidence is gathered and assessed for a final determination.